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HIV/AIDS and Human Rights

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By Stanzin Dawa

Today’s human rights violations are the causes of tomorrow’s conflicts.

Today AIDS has become one of the most devastating diseases humankind has ever faced. Since the epidemic began, more than 60 million people have been infected with the virus. HIV/AIDS has become the fourth-largest cause of death worldwide. HIV/AIDS and Human Rights cannot and must not be separated. Human beings have the common human needs and concerns. We all seek happiness and try to avoid suffering regardless of our race, religion, sex or political status. Human beings, indeed all-sentient beings, have the right to pursue happiness and live in peace and in freedom. Human rights are the fundamental rights for a human being to lead a dignified life by choice. The goal of realizing human rights is fundamental to the global fight against AIDS. Unfortunately people living with HIV/AIDS have become victims of human ignorance, religious orthodox, political shortsightedness and were deprived of basic human rights. HIV strikes hardest where human rights are least protected, particularly among stigmatized people, including sex workers, injecting drug users and men who have sex with men. Overcoming the global HIV epidemic is a compelling case for global solidarity, peace and sustainability. It can only be possible when people living with HIV/AIDS are ensured their rights.

States’ obligations to promote and protect HIV/AIDS-related human rights are defined in existing international treaties. HIV/AIDS-related human rights include the right to life; the right to liberty and security of the person; the right to the highest attainable standard of mental and physical health; the right to non-discrimination, equal protection and equality before the law; the right to freedom of movement; the right to seek and enjoy asylum; the right to privacy; the right to freedom of expression and opinion and the right to freely receive and impart information; the right to freedom of association; the right to marry and found a family; the right to work; the right to equal access to education; the right to an adequate standard of living; the right to social security, assistance and welfare; the right to share in scientific advancement and its benefits; the right to participate in public and cultural life; and the right to be free from torture and other cruel, inhuman or degrading treatment or punishment.

I have come across that the rights of people living with HIV/AIDS were often violated causing them to suffer both the burden of the disease and the consequential loss of other rights. Stigmatization and discrimination obstruct their access to treatment and may affect their employment, housing and other rights. This, in turn, contributes to the vulnerability of others to infection, since HIV-related stigma and discrimination discourages individuals infected with and affected by HIV from contacting health and social services. The result is that those most needing information, education and counselling will not benefit even where such services are available.

Human rights are inextricably linked with the spread, control, prevention, protection and impact of HIV/AIDS on individuals and communities around the world. It is also apparent in the fact that the overwhelming burden of the epidemic today is borne by developing countries, where the disease threatens to reverse vital achievements in human development. AIDS and poverty are now mutually reinforcing negative forces in many developing countries.

Today, people living with AIDS and the communities around the world that are struggling under the burden of the epidemic continue to face stigma and discrimination; Free, frank and effective AIDS education programs are still censored; property and other rights are still denied to women, children and young people making them vulnerable to AIDS; and children with AIDS still find themselves thrown out of schools. Everyday new cases of human right violations of people living with HIV/AIDS are reported. Media plays a significant role in doing advocacy for ensuring human rights for people living with HIV/AIDS.

“Lack of understanding of the true cause of happiness is the principal reason why people inflict suffering on others”
Dalai Lama

Lack of respect for human rights continues to increase vulnerability to HIV infection of individuals and the whole society. Strategies to combat the HIV/AIDS epidemic are hampered in an environment where human rights are not respected. Refugees, migrants, prisoners, men who have sex with men, sex workers and injecting drug users may be more vulnerable to contracting HIV because they often are unable to realize their civil, political, economic, social and cultural rights. Further, gender inequalities spur on the spread of the epidemic and its disproportionate impact on women. Likewise, the failure to provide access to education and information about HIV/AIDS, or treatment, and care and support services further fuels the AIDS epidemic. These elements are essential components of an effective response to HIV/AIDS, which is hampered if these rights are not respected.

AIDS-related stigma remains one of the greatest obstacles to people living with HIV being able to exercise their human rights. Stigma is also a major barrier to creating and implementing HIV programmes. Stigma lies at the root of discriminatory actions that exclude people who need AIDS-related services. Discrimination is an infringement of human rights that often leads to people being subjected to various forms of abuse. This included discrimination by family, friends, relatives, employees, doctors, teachers and priests, excludes from social functions and being denied benefits, privileges or services.

Respect, protection, promotion, and fulfillment of human rights are central to the AIDS agenda in mitigating the social and economic impact of the pandemic, reducing vulnerability to HIV infection by addressing its root causes, lessening the burden of people living with HIV/AIDS, enhancing and enriching skills and knowledge of the individuals and communities to respond to the pandemic.

Recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world There is nothing permanent in this world except the change it self. If we want peace, democracy, equity, justice, prosperity, solidarity, good governance and sustainability, we cannot ignore and neglect to work for ensuring human rights for people living with HIV/AIDS. Man is the most creative creature in this world; ability to think empowers the man to change himself and his environment. Many times we have used this gifted talent for our own destructions and calamities. Many times we have been failed to deal with our own species in a humanly way. Many times men have become the victim of his own wrongful thoughts, actions and speech. I have seen many times people living with HIV/AIDS dies not because of HIV/AIDS but due to the fear; the fear of not being loved and cared by their family, friends and society kills them more than the virus. HIV does not discriminate and anyone can be infected if the preventive measures are not taken care properly. HIV/AIDS can be the reason and an opportunity for the global citizen to work collectively with hearts, heads and hands together to deal with a global issue, which is threatening the global peace, sustainable development and continuation of Homo sapiens. Developing genuine compassion for people living with HIV/AIDS will help in understanding their traumas, sufferings and pains. It facilitates in putting a smile on their face, gives the will and courage to provide them hope and faith for a healthy and happy living. Society acceptance, support and cooperation is essential for building a loving, caring, understanding and friendly society for people living with HIV/AIDS. We require Sensible, responsible, creative and constructive collective efforts by government, civil societies and media for equitable policies and educational programmes to counter stigma, discrimination and human rights violations. Efficient, effective and transparent judiciary system, where people can invoke legal rights and duties in order to promote and protect the human rights of people living with HIV/AIDS.

Where individuals and communities are able to realize their rights – to education, free association, information and most importantly, non-discrimination – the personal and societal impacts of HIV and AIDS are reduced. Where an open and supportive environment exists for those infected with HIV; where they are protected from discrimination, treated with dignity, and provided with access to treatment, care and support; and where AIDS is de-stigmatized; individuals are more likely to seek testing in order to know their status. In turn, those people who are HIV positive may deal with their status more effectively, by seeking and receiving treatment and psychosocial support, and by taking measures to prevent transmission to others, thus reducing the impact of HIV/AIDS on themselves and on others in society.

“Coming together is beginning, keeping together is progress and working together is success”

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